Terms and Conditions

Terms and Conditions

DEFINITIONS
In these Terms and Conditions:

1. “Seller”, “us” and “we” are references to the owner of this company and website, Bud E Kilowatt, LLC, which is a registered corporation in the USA.

2. “Buyer”, “you” and “your” are references to the purchaser of the goods from us;

3. “Goods” means the goods specified in the Seller’s invoice;

4. “Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods which incorporates these Terms & Conditions;

5. “Terms” means these terms and conditions;

6. “Site” means the Www.dabotg.com website.

Agreement between user and dabotg.com

Welcome to www.dabotg.com. The www.dabotg.com website is comprised of various web pages operated by DabOTG www.dabotg.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of www.dabotg.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.dabotg.com is an E-commerce Site
DabOTG proudly offers American blown glass toppers to your personal vaporizer

Electronic Communications

Visiting www.dabotg.com or sending emails to DabOTG constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that www.dabotg.com is not responsible for third party access to your account that results from theft or misappropriation of your account. DabOTG. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

DabOTG does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may not use www.dabotg.com for any reason.

PURCHASING GOODS ONLINE

In order to make purchases through the site, the buyer will be requested to register and provide personal details. In particular, buyers must provide their real name, phone number, e-mail address and other requested information as indicated.

When ordering items, the buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in these terms.

All orders are subject to acceptance and availability.

Any error in the ordering process due to technical or other reasons beyond the seller’s control entitles us not to treat the order as being binding on us.

Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale. The site displays products, which form its collection. They are normally products that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand will sell out quickly. Should this be the case, you can contact our customer care department at customercare@dabotg.com

YOUR ORDER

Once a choice has been made and the order has been placed, the buyer will receive an email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the buyer cancels the order in accordance with the seller’s Cancellation Policy, acceptance of the order and completion of the contract between buyer and seller will be perfected when we dispatch the goods to you.

The sale contract is therefore concluded in the USA and the language of the contract is English. The contract will be subject to these terms and conditions and governed by US law and the buyer agrees to submit to the non-exclusive jurisdiction of the United States Courts in respect to any dispute that may arise under it.

The seller reserves the right not to accept the buyer’s order in the event, for example, that we are unable to obtain authorization for payment or that the item ordered is out of stock.

PRICE

Prices shown on the site are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. The price of a product displayed on the site at the time the order is accepted will be honored.

If the buyer is from outside the United States, the buyer may also incur duties levied by the jurisdiction to which you have specified delivery. Furthermore, a buyer from outside the U.S. may also be subject to higher postage and packaging costs. The seller reserves the right to request additional shipping fees prior to the Goods being dispatched, and to not accept the order should the buyer not fulfill the seller’s requests to pay additional postage and packaging fees.

PAYMENT

Payment for Goods and for the cost of packaging and delivery where applicable must be made before the Goods are dispatched.

Payment can be made by Visa, Master Card, Discover, or American Express. In all cases, delivery will not occur until we are satisfied that the payment has cleared.

If the issuer of the buyer’s payment card refuses to authorize payment to the seller, we will not be liable for any delay or non-delivery.

All credit card transactions on this site are processed using Paypal, a secure online payment platform that encrypts your card and/or banking details in a secure host environment.

DELIVERY

The seller will give the buyer an estimated delivery date for the goods, but no such estimated times or dates provided by us are guaranteed.

The seller will arrange for packing according to the method of delivery chosen by the buyer during the checkout process.

Should the buyer choose USPS as a method of shipping, responsibility for the purchased goods passes to the buyer at the time USPS takes possession of the good.

The buyer must check the goods immediately upon delivery and contact the seller if there are any problems with the goods. The buyer must notify the seller within 24 hours of delivery to ensure prompt attention as completed orders are filed away daily.

In the case that the goods have been damaged in transit, the buyer must keep all packaging, as this may be required when making a claim.

The seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the goods when such delay is due to causes beyond the reasonable control of the seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.

CANCELLATION, RETURN & EXCHANGE

The seller’s chief objective is to ensure the buyer is fully satisfied with their purchase. If, for any reason, the buyer is not satisfied with the goods purchased from our website, the buyer has a right to return the UNUSED product (within 14 working days from the date that product is received) for an exchange or a store credit that could be used for future purchases. The buyer need not give any reason. The notice of exchange or return has to be made in writing to customercare@dabotg.com. In the event of a return or exchange, we require that you return the goods to us at your own cost.

In order to help with the return of your order you must obtain a Merchandise Return number (MR) by emailing customercare@dabotg.com within the cancellation period.

Failure to obtain an MR does not affect your legal, consumer rights.

The buyer must take reasonable care of all goods in their possession and return them to us, with their original packaging, within 7 days from the date the MR number was issued.

In order to qualify for exchange/store credit, the goods or packaging may not have been used or damaged, and the goods must be returned in their original packaging, and accompanied by all items comprising the product.

OUR LIABILITY

The website is accessed and used at your own risk. Although reasonable efforts have been made to ensure that all details on the website are current and contains no inaccuracies or errors, no guarantees are made that the website’s content will be error free, accurate and current at all times.

Links to third party sites/Third party services

www.dabotg.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DabOTG and DabOTG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DabOTG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DabOTG of the site or any association with its operators.

Certain services made available via www.dabotg.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.dabotg.com domain, you hereby acknowledge and consent that DabOTG may share such information and data with any third party with whom DabOTG has a contractual relationship to provide the requested product, service or functionality on behalf of www.dabotg.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.dabotg.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to DabOTG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DabOTG or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DabOTG content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DabOTG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DabOTG or our licensors except as expressly authorized by these Terms.

 

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

DabOTG has no obligation to monitor the Communication Services. However, DabOTG reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DabOTG reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

DabOTG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DabOTG’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DabOTG does not control or endorse the content, messages or information found in any Communication Service and, therefore, DabOTG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DabOTG spokespersons, and their views do not necessarily reflect those of DabOTG.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials provided to www.dabotg.com or posted on any DabOTG web page or social media site

DabOTG does not claim ownership of the materials you provide to www.dabotg.com (including feedback and suggestions) or post, upload, input or submit to any DabOTG Site or our associated services and social media sites (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DabOTG permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. DabOTG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DabOTG’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

International Users

The Service is controlled, operated and administered by DabOTG from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DabOTG Content accessed through www.dabotg.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless DabOTG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DabOTG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DabOTG in asserting any available defenses.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DABOTG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

DABOTG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DABOTG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DABOTG AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DABOTG. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOU MAY TERMINATE USE OF THIS SITE IMMEDIATELY

 

Termination/access restriction

DabOTG reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DabOTG as a result of this agreement or use of the Site. DabOTG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DabOTG’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DabOTG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DabOTG with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DabOTG with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

DabOTG reserves the right, in its sole discretion, to change the Terms under which www.dabotg.com is offered. The most current version of the Terms will supersede all previous versions. DabOTG encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Questions or comments regarding the Terms:

DabOTG.
9450 Mira Mesa Blvd. Ste C-223
San Diego, CA 92126

Email Address: info@dabotg.com

Effective as of September 5, 2013